2G case: Court imposes fine of Rs250 on defence counsel

A counsel for two accused of the 2G spectrum allocation case was today fined Rs250 by special CBI court for unnecessary raising objections during the proceeding to "delay the trial."

A counsel for two accused of the 2G spectrum allocation case was today fined Rs250 by special CBI court for unnecessary raising objections during the proceeding to "delay the trial."

Special CBI Judge OP Saini imposed the cost on advocate Vijay Aggarwal, the counsel for accused Rajiv Agarwal and Asif Balwa, both directors of Kusegaon Fruits and Vegetables Pvt Ltd, after he objected to CBI Prosecutor AK Singh showing some documents to a prosecution witness S Meenakshi, a deputy registrar of companies (ROC) at Chennai.

Aggarwal raised objection when Singh showed the witness some documents, including copies of audit reports, balance sheet and others documents of Kalaignar TV (P) Limited for year ending on March 31, 2008. The TV channle's director Sharad Kumar too is facing trial in the case.

The defence counsel objected to it saying the documents shown to the witness were photocopies and there is no certificate attached with it under the provisions of the Evidence Act and also that it is not authenticated in terms of the provisions of the Companies Act.

The prosecutor countered Aggarwal's objection saying the documents belonged to Kalaignar TV (P) Limited and no objection has been raised regarding this by the concerned accused -- Kumar and DMK MP Kanimozhi.

The court imposed the fine on Aggarwal saying "In this case, not only the documents have been certified but the officer of ROC herself is present in the court to authenticate and prove the documents. The objection has been taken just to delay the trial and is overruled with cost of Rs250."

The court also said the documents filed by a company with the ROC "constitute public documents under Section 74 (2) of the Evidence Act and, as such, can be proved by filing a certified copy thereof by the party himself without appearance of official of ROC in the court."

During the recording of statement, which concluded today, when Meenakshi was shown these documents by the prosecutor, she told the court that each page has been signed and sealed by her as the deputy registrar of companies.

In its charge sheet, the CBI had alleged that illegal gratification of over Rs200 crore was routed to DMK-run Kalaignar TV (P) Limited from Dynamix Realty through Kusegaon Fruits and Vegetables Pvt Ltd and Cineyug Films Pvt Ltd.

The CBI had alleged in its charge sheet that "the amount of Rs200 crores paid by Dynamix Realty to Kalaignar TV Pvt Ltd through M/S Kusegaon Fruits and Vegetables Pvt Ltd and Cineyug Films Pvt Ltd, was not a genuine business transaction but in the nature of illegal gratification paid in lieu of the UAS licenses, valuable spectrum and other undue benefit given by accused public servants to Swan Telecom Pvt Ltd."

Bollywood filmmaker Karim Morani, Director of Cineyug Media and Entertainment Pvt Ltd and Swan Telecom promoters Shahid Usman Balwa and Vinod Goenka are also facing trial in the case along with others, including former telecom minister A Raja.

They are facing trial for various offences including those of criminal conspiracy, cheating, forgery and faking documents under the Indian Penal Code and the offences of abusing official position, getting bribe and criminal misconduct by public servant under the Prevention of Corruption Act.